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FRIES v. CHICAGO & NORTHWESTERN TRANSP. CO.

No. 89-1985.

909 F.2d 1092 (1990)

David J. FRIES, Plaintiff-Appellant, v. CHICAGO & NORTHWESTERN TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 1990.

Rehearing Denied October 10, 1990.

Attorney(s) appearing for the Case

Joseph P. Duffey, Milwaukee, Wis., Jeanne L. Sathre, Roy W. Strawn, Lakin & Herndon, Wood River, Ill., for plaintiff-appellant.

Brian D. Baird, Clifford R. Haggenjos, Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, Wis., for defendant-appellee.

Before BAUER, Chief Judge, CUDAHY, Circuit Judge, and PELL, Senior Circuit Judge.

BAUER, Chief Judge.

Plaintiff David J. Fries appeals from the district court's judgment granting defendant Chicago & Northwestern Transportation Company's (C & NW) motion to dismiss on grounds that the statute of limitations had run on his action brought under the Federal Employers Liability Act, 45 U.S.C. §§ 51-60. For the reasons set forth below, we affirm.

I.

Appellant was employed by C & NW as a machinist from April 10,...

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